The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

A Journal reporter called on Mr.. W. FL. Fl.
Miller of Colonel Robertson's counsel, at 8
o'clock yesterday afternoon, to know if it had
yet come into his possession. Said Mr. Miller.
II am now waiting for the transcript to be cor
rected and put in order. Yesterday, immedl-
ately after the decision of Judge Ayres, asked
the clerk. Mr.. Sullivan, if he would not hasten
the making out of the transcript; that we
wanted to got tho Supreme Court here and
have the argument commenced this morning. |
said to him would have one or two clerks from
my office 10 copy the papers, or as many OF them
as he would permit, and that he could then put
them together AMI certify them. He at first
assented. and, immediately after dinner, yester-
day, had Mr.. johnson, from our Office, go over
for the purpose of assisting in the copying. Mr.
Sullivan declined to allow him to do any copy
ing. Upon Mr.. Johnsons returning and inform
ing me Of that fact | went to Mr.. Sullivan in
person aud asked if he would not allow it to
be done, saying he would, of course. get pay for
the transcript, the same though he or his
clerks did it all He declined the proposition.
saying it would have bad look II any OF the
papers were copied out of the Office, and prom
ised that he would get the transcript ready as
soon as possible, and that it could probably be
got ready by this morning.
Upon arriving at my office this morning l
| inquired of the county clerk by telephone If the
transcript was ready. and was informed it was
| not and probably would not be until after din
ner l was compelled of course having asked
| the Supreme Judges to be brought here. to mott
| ~ them that we could not proceed, because the
| transcript was NOT ready, and did So At just
| 10 minutes of IL, this forenoon, was notified
| the transcript was ready, and sent for 1t. I'M
| mediately after my luncheon l set about the
| transcript, and found that it WAS imperfect in
| several particulars. ard took it back for correc
tion have just heard that it is again ready, it
| being now after o'clock / shall go as soon as
| it comes, assign errors and file at once"
At that moment the long delayed transcript
! arrived. 1t was by no means a voluminous doc
| ument. and an expert said had it been put into
his hands Immediately after Judge Ayres rem
| dered bis decicion he could easily have finished
| it himself by o'clock of that day.
| do you think" inquired the reporter of Mr.
Miller, that it was purposely delayed by Clerk
| Sullivan2s
Il will not undertake to say" was the answer
whether Mr.. Sullivan wilifuliy withheld it's de-
livery, but If any of our clients had wanted a
paper of that kind. with On equal number Of
/ bages, they could easily have had it in five or
six hours after the request had been made"
The following Communication, written at $3.50
| o'clock yesterday afternoon. ny Senator Green
Smiths counsel. was received by Mr.. Miller ten
| minutes afterward
| INDIANAPOLIS, Jan. 10, 1887.
| Messrs. Miller and Kitchener:
| Dear SirS-Ihe clerk of the Marion Circuit Court
has completed the transcript in tine of the State
| of Indiana. the relation of Alonzo G.. Smith.
Robert S. Robertson. We ready upon a moments
notice to meet you before the Supreme Court
| que the cause appeal and permit to say that
we quite anxious that the be presented this
afternoon that if possible decision NAV be had
before II o'clock NJ. on tomorrow. Win Won be kind
enough to to at whether the be
argned this afternoon at $3.50 o'clock Yours respect.
fully, D. TURPIE,
| CAS- BYFIELD.
Attorneys for Appellee.
The following answer was cent as soon as it
could be written:
| INDIANAPOLIS, Ind. Jan. IL, 1887, 41O p. NJ.
| Gentlemen-Your note dated $50 this afternoon
in which you say that the clerk of the Marion Circuit
Court has completed the transcript in the of the
lieutenant governorshp and that you ready upon
Court and orally argue the case. and that you are
quite anxious that the same may be presented
had before ~ O'clock ton ssson may roe oe
ceived. Only few moments before the
receipt of you note the transcript completed and
we had just assigned errors and were starting to file
the same IA the clerks Office of the Supreme Court
| when che messenger brought your note. We,
| as we'll client, very anxious on
the rendition of the decision yesterday morning,
that the transcript be completed. that the argl-
msns might proceed this morning. We offered to
to render the clerk OF the court such assistance
that the transcript could easily have been completed
yesterday afternoon but he declined such assistance,
and the result was that it not completed until
after o'clock this afternoon
We shall be glad to meet you and argue the case at
the earliest day that suits the convenience OF the
court It is however idle to talk OF completing tn
argument to say nothing of getting decision before
tomorrow The argument in the Circuit Court
'''''N'' Yours rs truly i,,.' ". II H. MILLER,
L. T. MICHENER.
To Messrs David Turpie and cas- ByfeId.
Journal reporter was at the office of the
Clerk of the Supreme Court at the time the
! transcript was brought in and filed with the
Clerk. 1t was then $40 o'clock Two minutes
, later Mr.: Byfeld. of Mr.. Green Smiths counsel
appeared almost GREATNESS, and gasped an in
quiry, which the Clerk. with almost the gift of
mind-reader understood to be an inquiry as I,
the filing of the transcript Mr.. Byfeld the,
, shot out the back door and made his way to thu
; chambers occupied by the Supreme Court judges
BY the time the transcript WAS completed. AM
, had come into the hands of Colonel Robertson
. attorneys Judge Howk, tired of waiting hat
, gone. The other judges remained. bur Judge FL
; lott said he did not want to hear the argumen
;; in the absence of Judge Howk. and wouldn't un
less overruled In the courtesy of attorneys it i
q considered indecent to expect the judges of thi
court to hear such case and decide in haste.
: was decided finally to postpone tho hearing O
: the case until nett week.
: Meeting Attorney general Kitchener. Journa
reporter asked him it, in case the injunction ha
. been argued before the Supreme yesterday, tn
court could have decided to-day.
II presume not, he said, ''for the reason that
. case of this Importance, aud presenting SO man
difficult points and questions would require sew
q | eral days thought and study upon the part o
= the Supreme Court before that bench coul
= reach any conclusion. After the court had dc
: cided upon the nature of it's decision it woul
. probably take two or three days labor in such
. case to write it Besides doubt very much
the court would feel mpelled to render d.
:, cision in a case of this character on the eve
q the meeting of the joint convention to elect
!. United States Senator, for do not believe tina
: the court would willingly lend itself TO th
. | scheme of politicians"
o THE UNSEATlNG OF M'DONALD.